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Case No. 20-0297

Poweshiek Township v. Gannon

Poweshiek Township, Jasper County, Iowa, Plaintiff-Appellee/Cross-Appellant,

and

Jasper County, Iowa, Plaintiff-Appellee,

vs.

Robert F. Gannon Separate Property Trust Dated December 10, 2015, Robert F. Gannon, Trustee of the Robert F. Gannon Separate Property Trust Dated December 10, 2015, and Robert F. Gannon, Defendants-Appellants/Cross-Appellees.

Attorney for Appellants

Verle W. Norris

Attorney for Appellee

Jason C. Palmer and Seth R. Delutri

Court of Appeals

Court of Appeals Opinion

Opinion Number:
20-0297
Date Published:
Jul 21, 2021
Summary

            Appeal from the Iowa District Court for Jasper County, Brad Mccall, Judge.  AFFIRMED ON BOTH APPEALS.  Heard by Bower, C.J., and Tabor and Ahlers, JJ.  Opinion by Bower, C.J.  (21 pages)

            On January 16, 2018, the district court entered summary judgment for plaintiffs Poweshiek Township and Jasper County (collectively “the Township”) on their claim of adverse possession and quieted title to Sams Cemetery.  The district court entered summary judgment for the Township on its claim for an access easement to Sams Cemetery, whether by prescription or necessity.  After a trial on remaining issues, the court determined the boundary lines of Sams Cemetery and the width and direction of the access easement.  The defendants appeal, asserting genuine issues of material fact precluded the summary judgment rulings.  The plaintiffs cross-appeal the court’s establishing the width of the access easement at sixteen feet rather than twenty feet.  OPINION HOLDS: Because the Township acquired title to Sams Cemetery by adverse possession at latest by 1995, the court did not err in granting summary judgment on the Township’s quiet title action and its claim for an access easement to the cemetery.  We discern no reason to disturb the court’s findings and conclusions as to the boundaries of the cemetery or the width and description of the access easement.  Therefore, we affirm on both appeals.

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